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4-4 1/2 LYME STREET - BUILDING INSPECTION .?.YME.STREET. r gONDlT /M1ryg 1y CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel: (978)741-1800 Fax:(978)740-9705 March 4, 1999 Robert Barnard 249 Green Street Marblehead, MA. 01945 Dear Mr. Barnard : In accordance with Chapter III, Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, a reinspection was conducted of the property located at 4 Lyme Street#3 occupied by Kathy Burgess conducted by Jeffrey Vaughan, Senior Sanitarian on Thursday, March 4, 1999 at 4:20 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health: Reply to: E1 Joanne Jeffrey Vaughan Health Agent Senior Sanitarian cc: TenantBuild ni g Inspe for Certified Mail#•Z 032 688-509 Encl: Tenant Notification Form JS/sjk c-h-violet t f� Page i of I SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 Slate Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Kathy Burgess Phone: Address: 4 Lyme Street Apt. 3 Floor 3 Owner. Robert Barnard Address: 249 Green Street Marblehead, Me. 01945 Inspection Date: March 4, 1999 Tima 4:20 pm Conducted By: Jeffrey Vaughan Accompanied By: tenant Anticipated Reinspection Date: Specified Reg 9 Violation Time 410. . . . Re-inspection was conducted in accordance with Article II, State Sanitary Code 105 CMR 410. Upon Re-inspection the hollowing were noted: TVA.C. .550 There are STILL live squirrels nesting in attic areas =T Hire the So services of a LICENSED exterminator to abate this situation fax service report to this office (740-9705) . / .501 Storm window STILL missing in living room broken window in front bedroom—= affix storm, repair broken window. 500 Kitchen ceiling is damage in areas due to a consistent leak == find source of leak, repair leak, repair and repaint ceiling. Bld code Drain i es missing in several areas of the house i One or more of the above violations may endanger or materially impair the health, safety and well-beeping or the occupants(s) C/� �� _Sr-.._Sanitarian____ Code Enforcement Inspector Este es un documento legal imponante. Puede que afecle sus derechos Puede adquinruna traduccion de esta forma. APPENDIX 11(14) Legal Remedies for Tenants of Residential Housing The following Is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1. Rent Wi hholdin,(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in- your rent B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent Tito court if a judge orders you to pay it (For this, it is best to put the, rent money aside in a safe place.) 2. Reon it and Deduct(Massachusetts General Laws,Chapter 111, section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or welt-being,and your landlord has received written notice of the violations; you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have thedr- made)within five days after notice or to complete repairs within 14 days after notice, you can nue up to four months'rent in any year to make the repairs. 3. Retaliatory Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186, section 18,and Chapter 239,_ section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint, he or shewill.have.to show.a good reason for the increase or eviction which is unrelated to Your complaint. You may be able to sue the landlord for damages of he or she tries this. 4. Rent Retrivership(Massachusetts General Laws,Chapter 11, section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The corm may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months'rent 5. Breach of Warranty of liabitaInlity: You may be entitled to sue your landlord to have all or some of your rent returned if your. dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulations, for which you may sue an owner. The information presented above is ordy a summary of the law. Before you decide to withhold your rent or take any other legal action, it is advisable that you consult an attorney. U you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend SL Lynn, MA 01902 (617) 599-7730 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH RECEI EO Salem, Massachusetts 01970CITY OF SAL-::T1101ASS, ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 June 29, 1988 Bradlee Trust Robert Barnard, Trustee 249 Green Street Marblehead, MA 01945 Dear Sir: On February 25, 1988, an inspection was conducted by Code Enforcement Inspector Anthony R. Mineo as the result of pigeons and falling gutters at 4-4� Lyme Street. On March 8, 1988 this department received correspondence from you stating that repairs would be made subsequently these nuisance conditions would be resolved as well, within 90 days, and to date nothing has been done. Again this department has received complaints regarding the same problem. You are hereby ordered to take immediate corrective action to correct these violations and upon receipt of this letter, notify this department when these repairs will take place. Failure to do so will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request forsaid hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. If you have any further questions regarding this matter please feel free to contact this office at 741-1800. w FOR THE BOARD OFHEALTH\ REPLY TO 0� 4 6 6 ROBERT E. BLENKHORN, C.H.O. V. MOUSTAKIS, HEALTH AGENT SANITARIAN REB/m CERTIFIED MAIL P-783-679- 54 cc: Building Inspector Councillor Jean Guy Martineau ems, a Jsso aW"� IPPI NT J 2 f8ir CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH CtCUtI ' '17 Salem, Massachusetts 01970 Oi 5`LCi,1_1HA S, ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 October 9, 1986 William Munroe, RE: 4-41 Lyme Street Building Inspector' s Office Robert Barnard, Own�_r- One Salem Green Salem, Mass. 01970 Dear Mr. Munroe: Enclosed are copies of May 22, 1986 and October 2, 1986 Inspection Reports. As you will note violations still exist at this much, complainted of property. The porches remain unrepaired and are .creating potential health and safety hazards to the occupants and to the general public. Kindly notify this department if your department has or is initiating legal action against the owner. F ' We await your response to .effect compliance for both Codes. Thank you, 1 Very truly yours, - FOR THE BOARD OF HEALTH /V.M. R%OB E. BLENKHORN, C.H.O. HEALTH AGENT REB/m cc: Robert M. St. Pierre, Chief of Police Fire Prevention Councillor Jean-Guy Martineau Robert Barnard ` EALTH DEPARTMENT Page 1 of S Street MA 01970 k STATE SANITARY ,CODE, CHAPTER II: 105 CMR 410.000 MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION° R i OCCUPANT: D/I'1270n /��PF/l5 % C X o�iClf : ' PHONE: ADDRESS: Z/- �/ LI/IYI P Sf APT. / FLOOR c OWNER:�F;0Lc� T'e. r � VLL�ZEADDRESS: C_9 iPE /l� J L e' j j INSPECTION DATE:,-1-/9'p Tom: 1 361 ,,7 CONDUCTED BY: � I%SYCJ flS ACCOMPANIED BY: ANTICIPATED REINSPECTION DATE: SPECIFIED REG. U TIME UP.... VIOLATION � v� J.;— N �LOcy AZZ � r G One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupant(s) Signed and certified underthepains and penalties of perjury CODE ENFORCEMENT INSPECTOR Este es un documento legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de ester forma. SALEM HEALTH DEPARTMENT Page 1 of a a9 North Street T Salem, MA 01970 hcl STATE SANITARY CODE, CHAPTER II: 105 CMR 410.000 "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION" OCCUPANT:(./�JD /ndN '41& 1S /�,Xr�2/OK PHONE: ,/nJ ADDRESS: y - 1 kv 11//Yl 0pp APT. FLOOR OWNER:,QR�&aW DeelS7 nD/19EkY 6Z&,O.&DDRESS: mea 78'E &-INSPECTION DATE:'-,�• 6 TIME:J/.'3Q A� CONDUCTED BY: y r✓�p�/S tW 1/ 1,S ACCOMPANIED BY: ANTICIPATED REINSPECTION DATE: SPECIFIED REG. O TIME 410. . . . VIOLATION Ad C> some a�� QFc -1 pT AMW v1 cut noNs ftlkgy E S d /� e LS d K N 0 ad s �- s is a r rhes - A. o2AIP die 3" `ZeA~� Q L OS-3 S One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupant(s) Signed and certified under the pains and penalties of perjury CODE ENFORCEMENT INSPECTOR Este es un documento legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma. A�. A / 0xiyT4SQ eT� Nov 17 11 o6 V '86 a � a CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH RECEIVED Salem, Massachusetts 01970 CITY OF SALUI, HASS. ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 - November 14, 1986 Bradlee Trust Robert Barnard 249 Green Street Marblehead, MA 01945 Dear Sir/Dear Madam: In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was made of your property at 4-41 Lyme Street Salem, Massachusetts, occupied by Common Areas/Exterior This inspection was conducted by V. Moustakis Salem Health Department, on 11/14/86 at 10:22 AM . Based upon said inspection, you are hereby ordered to take the following action within 30 days of receipt of this order: From Oct. 9, 1986. The owner must provide and so locate electric light switches and fixtures in good working order so illumination may be provided for the safe and reasonable use for every exterior stairway and passageway and hallway. NOTE: You are in contact with the Building Inspector regarding the porches and repair of sidewalk when weather permits. Page 1 •' SALEM HEALTH DEPARTMENT November 14 , 1986 Page 2 of 2 - �4�i 9 North Street i_.' y �' Tenant(s)Common Areas/Exterior ,.__ Salem, MA 01970 z\�;_n,a Property in Salem at Bradlee Trust 4-4j Lyme Street To:Robert Barnard 2 9 Green Street Marblehead, MA 01945 r ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the. right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. FOR THE BOARD OFFHEALTH _7 4c arlieLrL V.M. ROBERT E. BLENKHORN, C.H.O. Health Agent Certified Mail # P-155-187-083 enc. Inspection Report cc: Tenant— X Bldg. Inspector _ Electrical Inspector Plumbt9g 6 Gas Inspector _ Fire Dept. _ City Councillor Este es un documento legal importante• Puede que afecte sus derechos. SALEM HEALTH DEPARTMENT Page_ I of 9 North Street ,o Salem, MA 01970 vyp/ STATE SANITARY CODE, CHAPTER II: 105 CMR 410.000 "MINIMUM STANDARDS OFF FITNESS FOR HUMAN HABITATION" OCCUPANT: ;T•��r�r/ f/fE7(5 / liJG' PHONE: ADDRESS: Lys/'^ r' JET APT. FLOOR OWNER: 6GG/t`� 7 l '7 d t7 Z t'�.t'f/ ADDRESS: fci'INSPECTION DATE: /L_ 1y�TIME:�Q MITA CONDUCTED BY: ACCOMPANIED BY: ANTICIPATED REINSPECTION DATE: SPECIFIED REG. # TIME 410. . . . VIOLATION L' 0 Fifblh /p r7�(5- i ?mil / ^d GO EGr-7 C L) /LL 6'1221vCN ; V" i P 777C 5(r— S LI �` ILLGU A/ l v r One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupant(s) Signed and certified under the pains and penalties of perjury 71 CODE ENFORCEMENT INSPECTOR Este es un documento legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma. 11P '�lJLi1X 11 (1 1�, Lc)a! 12cmcdics 1(t( Tena$j nts t)1 Residential liudsing TIIE FOLLOWING IS A ItRIFF SUMMARY Of SOME OF TNF. LEGAI. Ii EtY1 F:111 F5 "FF.NANTS-QUAY USF, IN ORIIER TO (:Et NOUS ING CODE V I OLAT I ONi COR 10SCTF0. I. f±cnt U'ithholding(General Laws(-hapter '19 Section dA) If Code Viniarinns .Ire i♦'n( !Jeiog Currer(eri you ma)' be moiled to hold back your rent paynicnu. You can do this w;ahunt cadq cvicmcd if: A. You can prove that your dwelling unit or common areas contain code violations which arc serious enough to endanger or mater i" ally impair your health or safety and that your landtonl knew about the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired whiic you continue to live in the building. C. You are prepared to pay any portion:if the ren(into court if a judge orders you to pay it. (For this it i:.best to pm}he rent moaep aside in e safe place.) 2. Repair and Deduct(General Laws Chapter.)I t Section 127L).. The Law sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that (here are code violations which endanger or materially impair your health,.safely Or well-being and your landlord has received written notice of the violatiOnS,you may be able to use this remedy. If the owner fails to begin necessary repairs(or to enter into a w rit(cd.contraCt to have them made)within five days after notice or complete repairs within 14 days after notice you can use up to four months' rent in any year to make the repairs, 3. Retaliatory Rent.Increases or Evictions Prohibited(General Laws Chapter 186,Section 18 and Chapter 239 Section '_AL -. The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations. If the owner raises.your:rtnt or tries to evict within six months after you havemade the complaint he or she will have,to'shuw a good reason for the increase or eviction which is unrelated to,Your complaint. You may be able to sue the landlord for damages if he or she - .tries this. _4. Rent Receivership(General Laws Chapter 119 Sections 127CmH). The occupants and/or the board of health may petition:the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint-a "receiver"who may spend as much of the rent money as is needed to correct the violation. The rc- ceiver is not subject to a spending limitation of four months'rent.. 5. Breach of Warranty of Habitability. You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit dots not meet minimum stand- ards of habitability. tand- ardsofhabitability. 6. Unfair and Deceptive Practices(General Laws Chapter 93A). Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you may sue an owner. THE INFORMATION-PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE YOU DECIDE TO WITHHOLD - YOUR RENT OR TAKE ANY OTHER LEGAL ACTION,IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CAN- NOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTAC-THE NEAREST LEGAL SERVICES OFFICE WHICH IS: ( j (NAME) - (TELER-HON•ENUMBER) (ADDRESS) - FoRtsim HOBBSd WARRCN.INC._NOV.1979 i Ilk I�N e r� e. �/ 4 yM% Plans must be filed and approved by the Inspector before a permit for erection will be granted, duplicates of which when approved by the Inspector shall be kept at the building, during the progress of the work. No1p�c_ City of Salem Ward �-5 APPLICATION LICENSE # 0,21, FOR TEL.# 7Afs/-sT S- PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS Salem, Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's name and address �� Architect's name Mechanic's name and address Location of building, No.r"` {--` What is the purpose of building? rs1 Material of building? If a dwelling, for how many families? Size of Addition: No. of feet front, No. ofjl feet rear, ; No. of feet deep, No. of stories? 12, No. of feet from the level of the ground to t e highest part of the roof? ✓'S Ar How near line of the str ? -,Sd v How near line of the ad oining lot? -f- — What will be the means of \cess to the roof? Size of floor timbers, Is \ 2nd 3rd 4th ; 5th Span, Dista cc o centers? Size of carrying imbers? Distance of supp its on 'cent What kind su ort? Will the buildin b erected on solid or filled land? What is the maters of foundation? Will the roof be flat, p ched, mansard or gambrel? / � Material of roof covering? 4424d �54� Will the building be heated by steam or hot water or hot air? No. of brick walls? Where located? Thickness? Will the building conform to the requirements of the law? 0 Estimated cost 3"SO4 • o 0 Signature of applicant_ REMARKS SIGI UNDER THE n _ PENALTY OF PERJURY .Ku.-- 3.rbo No.a �I Ward -,'f APPLICATION FOR PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS Location -444,221,,-, PERMIT GRANTED 19 Approve� �/i�� Building Inspector � 9 SENDER: Complete items 1,2,3 and 4. o Put your address in the"RETURN To"space on the 9 reverseside.Failure to do this will prevent this card from 4.1 being returned to you.The return recelpt fes will Provide aD you the name of the person delivered to and the date of tleliverv.For additional fees Me folloagi nrvices are r— available.Consult postmaster for fm and check box(es) c .Z for servite(s)requestetl. 1 XK{Show to whom,date and address of delivery. 2. ❑ Restricted Delivery. _ V jj Artkral ee 'frust oil Robert Barnard Trustee 249 Green St . Marblehead, MA 01945 4. Type of Service: Article Number Registered 0 COD P443509323 ❑ Express Will T Always obtain signature of addresseegr agent and t DATE DELIVERED. 5. Signature Ad "V.- 0 x4 77- y 6. Tignature—Agent 1 A x S 7. Date of Delivery m t 2 8. AddressWsAddrm(ONLYIfFaFOWdWIWPM 9 in n M 9 �I UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS _ SENDER INSTRUCTIONS P LL- Print your name,address,and ZIP Code in the Print balaw. Ay '� • Complete items 7,$3,end 4 on the reverse. �, PENALTY FOR PRIVATE • Math to front of article ff spaas permits, �,� ,bl USE.5300 otherwise affix to back of article. • Endorse artide"Return Receipt Requested" . J� adjacent to number. RETURN v I TO Building Dept. MMM (Name of Sender) One Salem Green (No.and Street,Apt,Suite,P.O.Box or R.D.No.) Salem, MA 01970 (City,State,and ZIP Code) v P 443 509 323 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Bradlee Trust SIR"Aff'-Barnard Trustee 249 Grppn Street; P.O.,State and ZIP Code Marblehead, MA 01945 Postage $ Cartifled Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing to whom. ,., Date.and Address of Delivery 00 ,v TOTAL Postage and Fees $ I •67 a a Postmark or Date w 0 5/27/66 8 0 w ur o. STICK POSTAGE STACPS TO ARTICLE TO COMER FIRST CLASS POSTAGE CERDFHO NAR FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(ire Rao 1.lfyouwara this receipt postmarked,stickthe gummed stub on the left portion of the address side of the article leaving the recallpt attar hed and prosent th a article arta post officesaMce wI ndow or hemi'lh to your rural carrier.(no extra charge) 2 U you do not want this receipt postmarked,stick the Summed stub on the left portion of the address side of the article,date,detach and retain the recefpt,and mail the article. 3.If you want a return receipt,write the certified-mail number and your name and address on a return receiptcerd,Form 3811,and attach ittolhe front ofthe artictebymeansofthegummedends H space permits.Otherwise,affix to beck of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4.If you went delivery restricted to the addressee,or to on authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. E.Enter fees for the services requested In the appropriate spaces on the front of this recelpL If return receipt Is requested,check the applicable blocks In hem 1 of Form 3811. G.Says this receipt and present it H you make inquiry. Z a 77 Public Propertlllg +Department uilbing 33yartment William H. Munroe One Salem Green 745-0213 May 27, 1986 Bradlee Trust Robert Barnard Trustee 249 Green Street Marblehead, MA .01945 RE: 4-4z Lyme Street, Salem, MA Dear Mr. Barnard On receipt of a complaint from the Health Department and a follow up inspection it was determined that your above referenced property is somewhat run down and is in need of quite a bit of maintenance specifically to porches. These porches appear to be in such a state of despair that they could either cause injury to occupance or the public in general and therefore are a violation of the: Massachusetts Building Code Section 123.0 ( . 1 .2) . See attached. You are hereby ordered to secure and make safe these porches. i ' This work must commence within twenty-four hours (24) of receipt of this order. Failure to comply with this order will result in further action being taken by this office. Should there be any questions regarding this letter you may contact me at 745-0213. Respectfully, .¢ �1'�wba��2-,�LsBtuctt-tit Maurice M. Martineau Asst. Building Inspector MMM/jdg c.c. : Fire Department Health Department Councillor Mr. Mro?r Mayor's Aide 780 CMR: STATE BUILDING CODE COMMISSION stop-work order, except such work as he is directed by the building official to perform to remove a violation of unsafe con- ditions, shall b'e liable to prosecution as provided in Section 121.0. SECTION 123.0 UNSAFE STRUCTURES 123.1 Inspection: The building official immediately upon being C:` informed by report or otherwise that a building or other struc- ture or anything attached thereto or connected therewith is dangerous to life or limb or that any building in that city or town is unused, uninhabited or abandoned, and open to the weather, shall inspect the same; and he shall forthwith in writ- ing notify the owner to remove it or make it safe if it appears -" to him to be dangerous, or to make it secure if it is unused, ' uninhabited or abandoned and tpen to the weather. If it appears that such structure would be especially unsafe in case of fire, it shall be deemed dangerous within the meaning hereof, and the building official may affix in a conspicious place upon its exterior walls a notice of its dangerous condition, which shall not be removed or defaced without authority from him. 123.2 Removal or making structure safe: Any person so noti- fied shall be allowed until twelve o'clock noon of the day follow- i ing the service of the notice in which to begin to remove such building or structure or make it safe, or to make it secure, and -_" he shall employ sufficient labor speedily to make it safe or re- move it or to make it secure; but if the public safety so re- quires and if the- mayor or selectmen so order, .the building official may immediately enter upon the premises with the nec- essary Vorkmen and assistants and cause such unsafe structure to be made safe or demolished without delay and a proper fence put up for the protection of Passersby, or to be made secure. SECTION 124.0 EMERGENCY MEASURES 124.1 Failure to remove or make structure safe, survey board, survey report: If an owner of such unsafe structure refuses or neglects to comply with the requirements of such notice within the specified time limit, and such structure is not made safe or taken down as ordered therein, a careful survey of the premises shall be made by a board consisting; in a city, of a city engineer, the head of the fire department, as such term is defined in Section 1 of Chapter 148 of the Massachusetts General Laws Annotated, as amended, and one disinterested person to be appointed by the building official; and, in a town, of a sur- veyor, the head of the fire department and one disinterested person to be appointed by the building official. In the absence - of any of the above officers or individuals, the mayor or select- men shall designate one or more officers or other suitable 9/1/80 24 t ;�1 r )17 - - -- r 8oB Q_e..,-A ls- - _ Z.:il o 0 O�L- W- joc�,-i I-N -�2 ----- ------ e�SE C, -Al x)o CdA -- -- -- o - — — q ---- � � I I I I i � 'I i � � � �� i I � � I i i I 1 i I ', � � I ` , �I I I � � it � I i i I i i I ' i I � � ii i I l i �� ! � � � l � I I I I I I I I I I i i I � ' i l � �� I i l l i - i l l �I ' � � I I i �� i f � I � � i !i I i I I I � I ! i � ! ! � f i � I � I � i i � i � � I i i r � 4 � i � � � I � � i � I I � i � I I � i I I i I i � � I I I � I i I i � i ( I I I f I ' I � i I �, i i � I i i i � l i � � � I �, I � I � I ii i i � i � I i ! ! �, I I � i I I I f . I I � I � � � � f I I ! '� �y,CONry,d� t y A �r SCS/MINS CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 May 22, 1986 Bradlee Trust Robert Barnard, Trustee 249 Green Street Marblehead, Mass. 01945 Dear Sir/Dear Madam: In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1:. ,General Administrative Procedures and 105 CMR 410.000: 'State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was made of your property at 4-41 Lyme Street Salem, Massachusetts, occupied by Common Areas & Exterior This inspection was conducted by V. Moustakis Salem Health Department, on 5/19/86 at 11 :30 A. Received complaint that a great deal of rubbish was left out as a result of vacating of 1st floor apartment that was constituting a serious Fire, Health & Safety Hazard. An inspection revealed that the debris had been picked up. Based upon said inspection, you are hereby ordered to take the following action within 24 hours of receipt of this order: The door leading to porch must be padlocked immediately to prevent access to porch. Side Entrance Hallway - Must provide 1st and 2nd floor hallways with lights. Front Hallway .(Right Hand Side) - Must provide lights for this hallway. Based upon said inspection, you are hereby ordered to take the following action within 5 days of receipt of this order: Must replace missing ballusters on front porch - This porch must be repaired and/or condemned - Contact Building Inspector. Back Porch (1st floor) - Must replace missing ballusters. Back Porch (Ist floor) - Must replace floor boards which are broken/4plitting. Page 1 ,w4 ra SALEM HEALTH DEPARTMENT May 22, 1986 Page 2 of 3 Exterior q 9 North Street Tenant(Ornmmnn Araac r_ Salem, MA 01970 Property in Salem at 4-41 Lyme Street Bradlee Trust To:Robert Barnard, Trustee 249 Green Street Marblehead, Mass. 01945 VIOLATIONS (continued) Based upon said inspection, you are hereby ordered to take the following action within 5 days of receipt of this order: SIDE PORCH Must replace missing ballusters. Sidewalk leading to porch has holes , and has cracks and presents a dangerous trip hazard and must be patched. Must repair/replace protective railings and it. must be secure.- Must repair broken wooden steps so this is not a trip hazard. Must repair cement tread which is cracked. FRONT PORCH 2ND FLOOR Must replace missing ballusters. Must replace floor boards on this porch. Outer carrying beam of porch that attaches/joins at roof edge is rotting and splitting and must be repaired. Side Entrance Hallway - Must replace missing ballusters on the third floor railing. Based upon said inspection, you are hereby ordered to take the following action within 30 days of receipt of this order: Side Entrance Hallway - Must provide door to exterior with a proper locking mechanism. Side Entrance Hallway - Must patch holes in walls in this hallway. If this is a (4) apartment (or over) building, emergency lighting must be provided - Contact Building Inspector. ' r j)1-- SALEM HEALTH DEPARTMENT May 22, 1986 Page � of 3 9 North Street Salem, MA 01970Tenant(s)Common Areas & Exterior Property in Salem at Bradlee Trust 4 - 41 Lyme Street To:Robert Barnard, Trustee 249 GCeen;Street 11 1 ^ Marblehead: Mass_ 01945 ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available .to them as outlined in the enclosed inspection report form. FOR THE BOARD OFI HEALTH �LjEc��Aw`VL /V.M. ROBERT E. BLENKHORN, C.H.O. Health Agent Certified Mail 4 P-445-281-040 ettt. Inspection Report cc: Tenant Bldg. Inspector = Electrical Inspector Plumbtgg 6 Gas Inspector Fire Dept. City Councillor Este es un documento legal importante• Puede que afecte sus derechos. r September 14 , 1986 To: Robert Blenkhorn, Health Department, City of Salem Capt. Robert Turner , Fire Prevention Department, City of Salem William Monroe, Building Inspector/Zoning Enforcement Officer City of Salem Jean Guy Martineau, Councilor , Ward Five, City of Salem Robert St. Pierre, Police Chief, City of Salem We the undersigned would like to make our concern known regarding the past occupants and management of 4 and 4 1/2 Lyme Street in Salem' s Ward Five , currently owned by Mr . Robert Barnard of Green Street in Marblehead. Our concerns lie in three areas : overpopulation, parties, and public health and safety. While the building in question has three appartments, often there are as many as 12 plus people living there. This area is zones R-2 which legally allows for three unrelated persons living in a given unit together . The overpopulation of this building creates a severe strain on parking in the street since no off-street parking is provided for the tenants. These tenants have had as many as 6 plus cars at one time making it difficult for the other residents of the street to find parking. One of the most disruptive features of the occupants of 4 and 4 1/2 Lyme Street is the consistant numbers of parties which have gone on till all hours of the night. These party goers have no regard for the time of night, personal property rights or peace and quiet. This street is a residential/family neighborhood of primarily one and two family homes. The noise factor is especially offensive, including : loud music, obscene language and cars roaring up and down the street till all hours of the night. Litter is also a problem. Often after a party beer cans, broken glass and paper litter are left from the nights activities. Distruction of property has included bushes, windows, and porch railings. The proches of 4 and 4 1/2 Lyme Street are not only objects of this distruction but also are unsafe for the 15 to 25 people who sometimes occupy them during these parties. Furthermore the afore mentioned party goers have urinated in toe street from these porches as well as between houses and avain]�t c-a homes . 02) CIO >: Baa 7 We also have health related concerns. The trash generated by the tenants has been left on the street on a regular basis two to three days prior to pickup allowing for dogs to rip open the bags and strew it all over the street and is subsequently left there by the tenants and landlord. Flys have also been a problem. In addition, at times gross volumes of trash have been left taking up the entire sidewalk and/or porch . This presents a potential fire hazzard as well as a public nuisance for those of us that live in the neighborhood. This letter i.s not a reflection on the present occupants. So far these tenants have been fine. Our purpose is to bring your attention to the less than positive history of this building. We are at a point of total frustration, and we cannot live through another year of misery. This building is detrimental to our lifestyles and property values. The purpose of this letter is to voice our concerns. We would prefer not pursuing legal channels in these matters and instead have refered them to your respective offices. Please advise us if there is anything we can do in aiding you in the resolution of this matter . Sincerely, f � � Lyme St, Residents -- �,4 1 Lyme St. Ps `�• Salem, MA 01970 ♦ ♦ 'WI IW h Navajo Art USA 22-.� Wil'Idam Monroe Building Inspector One Salem Green Sallem, MA 01970 r y � pp'��4i{ RAN �uti ��